(A) Application. All occupations conducted in the home shall comply with the provisions of this section. This section shall not be construed to apply to home occupations accessory to farming.
(B) Procedures and permits. Any permitted home occupation shall require a permit. The city staff shall establish the application form(s) and required information. A fee schedule shall be set by resolution of the Council. In applying for and accepting a permit, the permit holder agrees that his or her monetary investment in the home occupation will be fully amortized over the life of the permit and that a permit renewal will not be needed to amortize the investment. The permits shall be issued subject to the conditions of this section. The Planning Commission shall review the application and make a recommendation to the Council, which shall make the final decision. When the city has reason to believe that there has been a change in conditions or that the provisions of this section have been breached, a public hearing shall be held before the Planning Commission to determine continuing eligibility. The Council shall make the final decision on revocation.
(1) Special home occupation. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this section shall require a conditional use permit.
(2) Declaration of conditions. The Planning Commission and the Council may impose conditions on the granting of a home occupation permit as may be necessary to carry out the purpose and provisions of this section.
(3) Effect of permit. A home occupation permit may be issued for a period of up to three years each. The permit shall continue for the permit period, until there has been a change in conditions, or until the provisions of this section have been breached.
(4) Transferability. Permits shall not run with the land and shall not be transferable.
(5) Lapse of home occupation permit by non-use. Whenever within one year after granting a permit the approved use has not been established, or the use has been discontinued for more than six months, the permit shall terminate.
(6) Reconsideration. Whenever an application for a permit has been considered and denied by the Council, a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or the Council for at least six months from the date of its denial, unless a decision to reconsider the matter is made by vote of the Council.
(7) Renewal of permits. An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. Each application for the renewal of a permit will be considered de novo. The previous granting of a permit shall not constitute a precedent for the renewal of a permit.
(C) Requirements and general provisions. All home occupations shall comply with the following.
(1) General provisions.
(a) No home occupation shall produce light, glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property.
(b) No equipment shall be used which creates electrical interference to surrounding properties.
(c) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, shall not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses.
(d) No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings, except where required to comply with local and state fire and police recommendations.
(e) There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site.
(f) The home occupation shall meet all applicable Fire and Building Codes.
(g) All signage shall be in accordance with the sign regulation provisions of the city code, codified in Chapter 150.
(h) No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00 a.m. unless the occupation is contained entirely within the principal building and will not require any on-street parking facilities.
(2) Requirements; permitted home occupations.
(a) No person other than those who customarily reside on the premises shall be employed.
(b) All permitted home occupations shall be conducted entirely within the principal dwelling and may not be conducted in accessory buildings.
(c) Permitted home occupations shall not create a parking demand in excess of that which can be accommodated in a residential driveway, where no vehicle is parked closer than 15 feet from the curb line or edge of paved surface.
(d) Examples of permitted home occupation include art studio, dressmaking, secretarial services, professional offices and teaching with musical, dancing and other instructions with no more than three pupils at a time.
(3) Requirements; conditional uses.
(a) If nonresident assistance is required to conduct the home occupation business, a home occupation conditional use permit is required.
(b) Examples of special home occupations include barber and beauty services, photography studio, group lessons, saw sharpening, small appliance and small engine repair (maximum of 75 horsepower) and the like.
(c) The special home occupation under a conditional use permit may involve any of the following: stock-in-trade incidental to the performance of the service; repair service or manufacturing which requires equipment other than customarily found in a residence; the teaching with musical, dancing and other instruction of more than three pupils at a time.
(d) Home occupations may be allowed to accommodate their parking demand through utilization of on-street parking. In the cases where on-street parking facilities are necessary, the Council shall have the right to establish the maximum number of on-street spaces permitted and increase or decrease the maximum number when and where changing conditions require additional review.
(D) Nonconforming use. Existing home occupations lawfully existing on the effective date of this section may continue as nonconforming uses. The use shall be required to register under this section and obtain permits as permitted home occupations for their continued operation. Any existing nonconforming home occupation that is discontinued for a period of more than 30 days, or is in violation of the provisions under which it was initially established, shall be brought into conformity with the provisions of this section.
(E) Inspection. The city hereby reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed.
(1989 Code, § 11.75) (Ord. 14, 2nd Ser., eff. 12-9-1994)